Deferred Action for Childhood Arrivals (DACA) Program
All current DACA facts can be found at https://www.uscis.gov/daca2017
1. YOUR DACA IS STILL VALID UNTIL ITS EXPIRATION DATE. DACA and work permits (Employment Authorization Documents) will remain valid until their expiration date. To determine when your DACA and work permit expires, look at your I-795 Approval Notice and the bottom of your Employment Authorization Document (EAD).
2. NO NEW DACA APPLICATIONS WILL BE ACCEPTED IF SUBMITTED AFTER September 5th, 2017. United States Citizenship and Immigration Services (USCIS) will no longer accept or process first-time DACA applications after September 5th, 2017.
3. DACA ISSUANCES AND WORK PERMITS EXPIRING BETWEEN NOW AND MARCH 5TH, 2018 MUST BE SUBMITTED FOR RENEWAL BY OCTOBER 5, 2017. If you have a permit that will expire between now and March 5th, 2018, you must apply for a two-year renewal of your DACA by October 5th, 2017.
4. ADVANCE PAROLE TO TRAVEL ABROAD IS NO LONGER AVAILABLE. The Department of Homeland Security (DHS) will no longer grant DACA recipients permission to travel abroad through Advance Parole. Any pending applications for advance parole will not be processed and DHS will refund any associated fees.
View USCIS pdf: DACA_Rescission, as of 9-15-17
What was DACA?
(The DACA Program was rescinded on Sept 5, 2017, pending legislation)
- DACA was not a path to citizenship. DREAMERs were not allowed to apply for citizenship.
- On June 15, 2012, the Secretary of Homeland Security announced that certain people who came to the United States as children and meet several guidelines may request consideration of deferred action (of deportation) for a period of two years, subject to renewal.
- Deferred action did not provide lawful status; deferred action was not a pathway to US citizenship.
- DREAMers were also eligible for work authorization. Under DACA, 800,000 young unauthorized immigrants brought to the US as children were granted protection from deportation and permission to work legally.
- DREAMERS were not eligible for any federal means-tested welfare: including cash assistance, food stamps, Medicaid, health-care tax credits or anything else. DACA students and Dreamers are not eligible for federal student aid. They pay taxes and contribute to social security / medicare; but cannot receive benefits.
- To participate in DACA, applicants had to pass a background check. If participants are arrested for anything (even a traffic ticket), DACA is taken away. Reminder: these individuals were brought to this country as children and raised as Americans.
- The pathways to US citizenship are restricted. In 2016, just over 750,000 people became naturalized United States citizens, according to the U.S. Citizenship and Immigration Services.
History of DACA
For 16 years, advocates for legalizing young immigrants brought here illegally by their parents have tried to pass legislation to shield them from deportation and allow them work permits. The bill was called the Dream Act.
In both Democratic and Republican Congresses, in the Bush and Obama administrations, the Dream Act did not pass.
Since working DREAMers pay taxes (but cannot receive US federal benefits) – allowing DREAMers to work legally and pay taxes in a ‘win’ for the US economy.
Deferred Action for Childhood Arrivals 2017 Announcement
On Sept. 5, 2017, the Department of Homeland Security (DHS) initiated the orderly phase out of the program known as Deferred Action for Childhood Arrivals (DACA). DHS will provide a limited, six-month window during which it will consider certain requests for DACA and applications for work authorization, under specific parameters. Read the memorandum from Acting DHS Secretary Elaine Duke for details.
Next Steps for Phasing Out DACA
All DACA benefits are provided on a two-year basis, so individuals who currently have DACA will be allowed to retain both DACA and their work authorizations (EADs) until they expire.
USCIS will adjudicate, on an individual, case by case basis:
- Properly filed pending DACA initial requests and associated applications for employment authorization documents (EADs) that have been accepted as of Sept. 5, 2017.
- Properly filed pending DACA renewal requests and associated applications for EADs from current beneficiaries that have been accepted as of the date of this memorandum, and from current beneficiaries whose benefits will expire between Sept. 5, 2017 and March 5, 2018 that have been accepted as of Oct. 5, 2017.
Individuals who have not submitted an application by Sept. 5, for an initial request under DACA may no longer apply. USCIS will reject all applications for initial requests received after Sept. 5.
For more information, please read the:
- 2017 DACA Frequently Asked Questions (DHS)
- 2017 DACA Fact Sheet (DHS)
- Department of Justice Letter
- Original information about DACA
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